House debates

Thursday, 4 December 2008

Committees

Privileges and Members’ Interests Committee; Report

10:21 am

Photo of Brett RaguseBrett Raguse (Forde, Australian Labor Party) Share this | | Hansard source

On 23 October 2008 one of the members of the Committee of Privileges and Members’ Interests, the Chief Government Whip, raised with the Speaker in this chamber the fact that a newspaper published that morning had appeared to make an unauthorised disclosure of selected conclusions of the committee in relation to a matter referred to it for inquiry from the House. By way of clarification I note that the sequence of events was: the newspaper article was published, then the Chief Government Whip made his remarks in the House, and later the committee’s report on the referred matter was presented—all on 23 October.

In accordance with the Speaker’s request, the committee has since considered the matter of the newspaper article and I now inform the House of the result of those considerations. The committee reviewed the newspaper article and concluded that it contained an unauthorised disclosure taken from the confidential work in progress of the committee prior to the presentation of the committee’s report to the House. The committee considers that it is a very serious matter that the committee of this House charged with the responsibility of considering complaints of breach of privilege or contempt was itself the subject of an unauthorised disclosure of its work.

Fortunately, the committee was able to conclude that the unauthorised disclosure had no effect on the immediate inquiry conducted by the committee as the committee had already completed its considerations on the referred matter and adopted a final report prior to the unauthorised disclosure in that newspaper. Therefore, no further action is proposed on this occasion. However, the committee further concluded that, regrettably, the unauthorised disclosure may have adverse consequences for the way in which the committee conducts its work in the future. Accordingly, the committee has determined to take account of the particular circumstances of this unauthorised disclosure when conducting a review of its procedures as foreshadowed in a report presented to the House on 10 November 2008 entitled Review of procedures of the committee.

The majority of the committee also wishes to draw attention to the comments it has made in earlier reports on unauthorised disclosure of committee proceedings. It is noted that the House has the power to act against members or those responsible for disclosure should they be able to be identified as they are the persons most culpable. However, the committee has noted that, where necessary, the House has the power to proceed against those who knowingly publish unauthorised material contrary to the standing orders of the House. The committee also notes that section 7 of the Parliamentary Privileges Act 1987 provides for the imposition of penalties for such behaviour where it amounts to a contempt of the House by improperly interfering in the free exercise by a committee of its authority or functions as provided in section 4 of the act.

As a further item of business and as required by resolutions of the House, I table copies of notifications of alterations of interest and statements of registrable interests received during the period 25 June 2008 and 3 December 2008.